Tuesday, October 19, 2010

Kenya minister suspended over fraud case

Higher Education minister William Ruto has been suspended from Cabinet, just days after a constitutional court ruled he will face fraud charges.

"Following consultations with the Rt. Hon. Prime Minister, His Excellency the President has stood aside Hon. William S. Ruto, EGH, MP from Office of Minister with immediate effect pending conclusion of the Nairobi Chief Magistrates Case No. 973 of 2004 as allowed by the Nairobi High Court Suit No. 1192/2005 (0S)," said a statement from Kibaki's office.

The President appointed the minister for East African Community Hellen Sambili to Mr Ruto's docket in an acting capacity.

On Friday, a three judge bench ruled that Mr Ruto will face criminal prosecution over a Sh272 million fraud case.

Judges Jeanne Gacheche, Leonard Njagi and Roseline Wendoh said that they were not convinced that any of Mr Ruto’s rights had been infringed because he was still innocent until the trial court proved otherwise.

Mr Ruto and four other persons face fraud charges over the alleged sale of a piece of land in Ngong forest to Kenya Pipeline Company Ltd for a total of Sh272 million.

The minister allegedly received Sh96 million at various intervals during the alleged transaction.

In the case, the Eldoret North MP and Berke Commercial Agencies, a company associated with him, Mr Joshua Kulei, a former aide of retired president Daniel Moi, Mr Sammy Mwaita (Baringo Central MP) and two other firms were sued for allegedly obtaining money from KPC between August 6 and September 6, 2001.

Section 62 of the Anti-corruption and Economic Crimes Act stipulates that “a public officer who is charged with corruption or economic crime shall be suspended at half pay, with effect from the date of the charge.”

Such a suspended public officer continues to receive the full amount of any allowances, according the law. The law now requires that President Kibaki and Prime Minister Raila Odinga move to suspend Mr Ruto until the case against him is determined.